On Dec. 4, 2025, the U.S. Dept. of State updated its Foreign Affairs Manual to add “Specialized Trainers” to its list of eligible activities for B-1, Business Visitor visa issuance. This update comes as discussions continue between U.S. and South Korean authorities, following the September 2025 ICE Workplace Enforcement Raid, to permit certain highly-specialized trainers to temporarily enter the U.S. to conduct training.
Scope of B-1 Visas
The B-1, Business Visitor visa permits certain Foreign Nationals to temporarily enter the U.S. for no more than 6 months to conduct certain authorized business activities that do not constitute “work” and if the Business Visitor will not receive any remuneration while in the U.S. from a U.S. entity. The determination whether the B-1 classification is appropriate is a case-by-case determination, and the following activities may fall within the scope of the B-1 visa (non-exhaustive):
- Investors seeking investments in the U.S.
- Attend business meetings with colleagues or customers, consult with business associates
- Conduct contract or business negotiations
- Attend short training (preferably classroom)
- Take part in exhibitions, conventions or industry/professional conferences/seminars (as an attendee or as a speaker)
- Undertake independent research
- Certain athletes (and their personnel) or participants in international sporting events (g., the upcoming FIFA World Cup)
Certain Commercial or Industrial Workers might also be eligible for B-1 visas if coming to the U.S. to “install, service, or repair commercial or industrial equipment or machinery,” so long as the equipment/machinery was purchased from a company outside the United States, and such post-sales services are required under the terms of the sales contract.
Eligibility Requirements for a Specialized Trainer
The new Specialized Trainer category is similar to that of Commercial or Industrial Workers, as the training to be conducted must be on “industrial equipment, machinery, or processes that have been acquired or are sourced from a company outside the United States,” in support of a qualifying project (such as an installation project or plant/facility ramp-up project). Additionally, the visa applicant must show that:
- The training or transfer of knowledge to U.S. workers will be of specialized or proprietary techniques, skills, or know-how, and
- The visa applicant possesses unique knowledge that is not widely available in the United States (somewhat similar to the L-1B, Specialized Knowledge visa).
If approved, the visa will be annotated “B-1 SPECIALIZED TRAINER.”
This new category should provide greater flexibility for foreign entities doing business with U.S. companies, to provide knowledge transfer to the local workforce and to continue their investments in the United States. It is critical, however, that foreign nationals and their employers strictly comply with the requirements of this new B-1 category while in the U.S.
If you think you or your employee might be eligible for B-1 Specialized Trainer processing, or if you have any question regarding the content of this alert, contact a member of Clark Hill’s Immigration Law Practice.
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